Public Policy

  • September 10, 2026

    DOJ Says Records Act Chills 'Candid' White House Advice

    The Justice Department urged the D.C. Circuit to vacate a lower court's order requiring the White House to comply with the Presidential Records Act, arguing in a new brief that the 1978 statute intrudes on executive power by requiring preservation of a wide range of documents.

  • September 10, 2026

    Latest Crypto Bill Draft Updates DeFi Rules But Not Ethics

    Sen. Cynthia Lummis, R-Wyo., on Thursday shared an updated draft of the Clarity Act that tweaked the crypto market structure bill's provisions around decentralized finance but left unaltered ethics language critical to winning Democrat support ahead of next week's cloture vote.

  • September 10, 2026

    Fed Colluded With Wall Street On New Capital Rules, Suit Says

    The Federal Reserve Board and its vice chair for supervision, Michelle Bowman, were sued on Thursday by Wall Street reform group Better Markets Inc., which alleges Bowman secretly met with the heads of Wall Street giants to manipulate the newly proposed U.S. bank capital rules.

  • September 10, 2026

    4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

    The Fourth Circuit on Thursday became the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

  • September 10, 2026

    SEC Must Police Some Event Contracts: Citadel Securities

    Citadel Securities told federal derivatives and securities regulators that the U.S. Securities and Exchange Commission should take the lead on oversight of event contracts and other wagers when they're linked to public companies or equities.

  • September 10, 2026

    Catholic Charity Fights Bid To Toss Funding Cut Suit

    A Catholic charity said its opposition to abortion and contraception led Michigan to unconstitutionally terminate its decade-long role as a state-designated service provider for women suffering from substance abuse, and it urged a federal judge to reject the state's request to dismiss a civil rights suit filed by the organization.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    DHS Aims To End 60-Day Grace Period For Certain Work Visas

    The U.S. Department of Homeland Security floated a new rule Thursday that would eliminate a 60-day grace period for holders of H-1B and certain other employment-based visas to remain in the U.S. if they lose their jobs, citing "administrative burden."

  • September 10, 2026

    Squires Grants 10 Patent Reviews, Rejects None

    U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

  • September 10, 2026

    Kansas Immigration Tuition Law Can't Overcome Fed. Statute

    A Kansas federal judge has ruled that a federal statute preempts a two-decade-old Kansas law allowing people without lawful immigration status to pay in-state college tuition rates, granting a push from the Trump administration and Kansas' attorney general to strike it down.

  • September 10, 2026

    11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

    The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

  • September 10, 2026

    Judge Finds No Standing To Block Ill. Aid-In-Dying Law

    An Illinois federal judge on Thursday refused to block a new law from taking effect that allows patients with terminal illnesses to seek a doctor's assistance in ending their lives, ruling that a challenge brought by disability rights advocates relied on speculative fears rather than imminent legal harm.

  • September 10, 2026

    Pittsburgh Schools Say Commission Can't Decide Tax Suit

    The Pittsburgh public school district urged a court to reject a bid from the city water utility to toss the district's lawsuit calling the utility's stormwater fees illegal taxes, saying that the motion is based on a mischaracterization that a public utility commission, and not the court, has jurisdiction.

  • September 10, 2026

    Wash. High Court Takes Up Yakama Nation Fuel Tax Dispute

    The Washington State Supreme Court has granted a Yakama Nation fuel distributor's bid for direct review in a case challenging the state Department of Licensing's attempt to collect on a state fuel tax assessment.

  • September 10, 2026

    9th Circ. Seeks Calif. Justices' Input On USAA Rate Bias Row

    The Ninth Circuit on Thursday sought the California Supreme Court's input on a class action claiming that USAA discriminated against service members, certifying a question about whether the state insurance code prohibits insurers from charging lower-ranking military members who qualify as good drivers more than higher-ranking members who also qualify.

  • September 10, 2026

    Ex-Immigration Judge Sues For Retaliatory Termination

    A former immigration judge in California has sued Attorney General Todd Blanche, claiming she was fired after raising concerns about a spring 2025 directive ordering her and her colleagues to grant every motion to change venue filed by Immigration and Customs Enforcement trial attorneys.

  • September 10, 2026

    States Press Court To Block DOT's CDL Data Request

    A Virginia federal judge on Thursday questioned the Trump administration's claim that the Federal Motor Carrier Safety Administration's chief counsel wasn't speaking for the agency itself when she told a nationwide commercial driver database operator to either hand over millions of driver files or see its federal funding slashed.

  • September 10, 2026

    Colo. Judge Asked To Sanction Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado urged a state judge on Thursday to sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, arguing that the hospital can't avoid its obligation to provide the care by blaming its providers.

  • September 10, 2026

    Energy Dept. Sued Again Over 'Blue State' Grant Terminations

    The U.S. Department of Energy was hit with another complaint alleging it unlawfully canceled grants destined for states that voted for Kamala Harris in the 2024 presidential election.

  • September 10, 2026

    Network Group Worries FCC Regs Could Hinder AI Growth

    A group advocating for networks that power artificial intelligence has voiced concern that the Federal Communications Commission's latest push to restrict foreign equipment could hinder AI's growth.

  • September 10, 2026

    DOJ Wants To Quash Apple's Look At Fed Phone-Buying

    The U.S. Department of Justice is asking a New Jersey federal court to overrule an order in the government's monopolization case giving Apple a look at how the Pentagon, CIA, U.S. Department of State and other agencies purchase smartphones and smartwatches.

  • September 10, 2026

    Executive Privilege Questions Cloud Congressional Probe Prep

    As corporate leaders brace for the possibility of Democrats retaking control of Congress and launching aggressive investigations into the Trump administration's dealings with a vast array of companies, attorneys say a U.S. Justice Department opinion on executive privilege could complicate the probes.

  • September 10, 2026

    States Drop Suit Over HUD's Fair Housing Funding Changes

    A group of 16 states and the District of Columbia have agreed to drop their California federal court lawsuit accusing the U.S. Department of Housing and Urban Development of wrongfully seeking to cut off funding for fair housing enforcement targeting discrimination based on characteristics such as sexual orientation.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    Fla. AG Pushes Liability For Chatbots' Role In Crimes

    Florida's attorney general — who has accused OpenAI of facilitating a deadly mass shooting at Florida State University — is now pushing for legislation that would impose heavy fines, payments to victims and monitorship on tech companies whose artificial intelligence chatbots participate in criminal activity.

Expert Analysis

  • Opinion

    A Guiding Principle For The SEC On Exempt Capital Markets

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets borrows selectively from other capital-raising exemptions while giving crypto issuers materially different terms, and those unexplained differences reveal the need for a regulatory approach of presumptive parity, says Brian Christie at the Crowdfunding Professional Association.

  • Where DOJ's Fraud Priorities Memo May Actually Matter

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    The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • What Cos. Should Do During Stay Of Nasdaq Delisting Rule

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    The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

  • NC Dental Review Change Counters Tougher National Trend

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    North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

  • Prepping To Use Crypto Collateral Under Ohio Ownership Law

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    Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

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    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • Parsing Gov't Scrutiny Of Lending To Unauthorized Workers

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    Attorneys at Mayer Brown explain guidance recently issued by three banking regulators that addresses risks associated with lending to so-called non-work authorized individuals and discuss what the regulatory update could mean for fintech companies.

  • Discovery Into Insurers' AI Use Should Stay Proportional

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    As insurers increasingly use artificial intelligence to make claim decisions, plaintiffs in first-party coverage litigation should seek discovery that tracks how materially the automated system influenced the challenged decision, not whether the insurer used AI somewhere in its operations, says attorney Joe Zaid.

  • How FCC Covered List Blitz Is Sidelining Commerce Dept.

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    The swath of recent Federal Communications Commission rulemakings raises serious questions about the purpose and future of Commerce's Office of Information and Communications Technology and Services, and how the U.S. government will go forward in imposing national security regulation on domestic applications of adversary-linked technologies, says Peter Jeydel at Troutman.

  • DOJ Healthcare Declination Offers Self-Disclosure Checklist

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    The U.S. Department of Justice's declination of criminal charges against Campus Eye Management signals that its new self-disclosure policy provides a real path for healthcare companies to avoid criminal exposure, but that path is paved with speed, transparency and operational remediation, says Jonathan Porter at Husch Blackwell.

  • SEC Rulemaking Radar: The Rubber Meets The Road

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    The U.S. Securities and Exchange Commission's new rulemaking agenda shows its regulatory reset taking shape, with sweeping crypto proposals that could bring the biggest changes it has made to broker-dealer, exchange and trading compliance in decades, says Christopher Grobbel at Goodwin.

  • Monitor Exposure, Stay Flexible Amid Tariff Uncertainty

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    To navigate an unstable trade environment, businesses must evaluate their exposure to new tariffs invoked under a patchwork of statutory authorities and be prepared to adapt to further changes that may be on the horizon, says Bhargav Prajapati at Capital Trade.

  • CFPB Complaint Portal Overhaul Signals Changing Priorities

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    The Consumer Financial Protection Bureau's updates to its consumer complaint portal and decision to cease publishing consumer complaint narratives should be viewed by companies as one component of a larger recalibration of how the CFPB collects information and allocates its supervisory and enforcement resources, say attorneys at Cooley.

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